Pennsylvania § 8528 Limitations on damages

Pennsylvania Statutes

§ 8528 — Limitations on damages

Pennsylvania § 8528

JurisdictionPennsylvania

Title 42JUDICIARY AND JUDICIAL PROCEDURE

PartPART VII

Ch. 85MATTERS AFFECTING GOVERNMENT UNITS

Subch.ACTIONS AGAINST COMMONWEALTH PARTIES

This text of Pennsylvania § 8528 (Limitations on damages) is published on Counsel Stack Legal Research, covering Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

42 Pa. Cons. Stat. § 8528 (2026).

Text

(a)General rule.--Actions for which damages are limited by reference to this subchapter shall be limited as set forth in this section.

(b)Amount recoverable.--Damages arising from the same cause of action or transaction or occurrence or series of causes of action or transactions or occurrences shall not exceed $250,000 in favor of any plaintiff or $1,000,000 in the aggregate.

(c)Types of damages recoverable.--Damages shall be recoverable only for:

(1)Past and future loss of earnings and earning capacity.

(2)Pain and suffering.

(3)Medical and dental expenses including the reasonable value of reasonable and necessary medical and dental services, prosthetic devices and necessary ambulance, hospital, professional nursing, and physical therapy expenses accrued and anticipated in the

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(a) General rule.--Actions for which damages are limited by reference to this subchapter shall be limited as set forth in this section.

(b) Amount recoverable.--Damages arising from the same cause of action or transaction or occurrence or series of causes of action or transactions or occurrences shall not exceed $250,000 in favor of any plaintiff or $1,000,000 in the aggregate.

(c) Types of damages recoverable.--Damages shall be recoverable only for:

(1) Past and future loss of earnings and earning capacity.

(2) Pain and suffering.

(3) Medical and dental expenses including the reasonable value of reasonable and necessary medical and dental services, prosthetic devices and necessary ambulance, hospital, professional nursing, and physical therapy expenses accrued and anticipated in the diagnosis, care and recovery of the claimant.

(4) Loss of consortium.

(5) Property losses, except that property losses shall not be recoverable in claims brought pursuant to section 8522(b)(5) (relating to exceptions to sovereign immunity).

(d) Exclusions.--This section shall not apply to damages awarded under section 8522(b)(10).

Legislative History

(Nov. 26, 2019, P.L.641, No.87, eff. Nov. 26, 2019) 2019 Amendment.Act 87 amended subsec. (c)(5) and added subsec. (d). See sections 9 and 10(3) of Act 87 in the appendix to this title for special provisions relating to severability and applicability. Cross References.Section 8528 is referred to in section 8522 of this title; sections 17312, 17342 of Title 16 (Counties); section 1711 of Title 74 (Transportation).